CRIM 230 Lecture Notes - Lecture 7: Actus Reus, Murder, Willful Blindness
18 Jan 2020
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Other than voluntariness (part of actus reus) Criminal law only punishes those who choose to do something wrong. Three requirements: accused made a choice to do something wrong, the choice was freely made, accused knew or should have known that what he or she was doing was wrong. Mens rea is the sum total of all of the mental elements required. Each part of the actus reus will have its own mens rea: conduct, intent, recklessness, carelessness, circumstances, knowledge, willful blindness, consequences, foreseeability, recklessness, willful blindness. Subjective: what was in the accused"s mind, crown must show that the accused deliberately chose to do something wrong, most morally blameworthy state of mind. Objective: what should have been in the accused"s mind, reasonable person test. Subjective: intent, knowledge, recklessness, willful blindness. Accused deliberately wants the consequences to occur. Criminal code uses other words that are synonymous with intention: willfully , means to . Accused is actually aware of the circumstance.
